HUCCHEGOWDA K G @ GOWDA Vs. STATE BY

JUDGEMENT

(1.) Since all these four petitions are in respect of same crime number and common facts and law are involved, in order to avoid repetition of facts and legal aspects, they are clubbed and heard together and disposed of by this common order.

(2.) Crl.P. No.7779/2017 is by Accused Nos.1 and 2; Crl.P.No. 4024/2017 is by Accused No.4; Crl.P. 7120/2017 is by Accused No.9 and Crl.P. No.7254/2017 is by Accused No.10, filed under Section 439 of Cr.P.C. seeking regular bail for the offences punishable under Sections 302 and 201 of IPC, registered in respondent-Police Station Crime No.199/2016 and after completion of investigation, charge sheet came to be filed for the offences punishable under Sections 143 , 147 , 148 , 120-B , 302 , 201 r/w 149 of IPC .

(3.) Brief facts of the prosecution case as per the complaint averments are that, the complainant stated in the complaint that on 31.12.2016, one Suresh, a resident in the village, at about 2.30. p.m. informed the complainant over phone that there was a dead body lying in Mooduhottekere lake of Lakshmipura village. People and Policemen gathered at the spot. The informant further stated that he asked the complainant to come to the spot immediately. The complainant and his friend Jagga came in the motorbike and identified the dead body as that of Dayanand, who is the elder son of complainant. The complainant further stated in the complaint that his son was murdered with sharp weapons on both left and right side of his head at Bangalore and brought the dead body and thrown in the lake. It is further stated in the complaint that his son Dayanand was running a finance office at Bangalore. Hucchegowda, Accused No.1 was working in his office. Before two months of the alleged incident, there was misunderstanding between accused No.1 and deceased, so also Accused No.1 opened a separate finance office. Accused Nos.2 to 4 and others would come to the office of the deceased and pick up quarrel with the deceased. Due to that reason, elders of the village held a panchayat and advised both the sides not to quarrel between themselves. Complainant raised suspicion that Accused No.1 accompanied by others has committed the murder of his son. On the basis of the complaint, case came to be registered.